Bill Text: CA AB248 | 2009-2010 | Regular Session | Chaptered
Bill Title: Public resources: ballast water management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 317, Statutes of 2009. [AB248 Detail]
Download: California-2009-AB248-Chaptered.html
BILL NUMBER: AB 248 CHAPTERED
BILL TEXT
CHAPTER 317
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 27, 2009
PASSED THE ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE JULY 8, 2009
AMENDED IN SENATE JUNE 24, 2009
AMENDED IN SENATE MAY 13, 2009
INTRODUCED BY Assembly Member Bonnie Lowenthal
FEBRUARY 10, 2009
An act to amend Section 71205 of, and to amend the heading of
Division 36 (commencing with Section 71200) of, the Public Resources
Code, relating to ballast water management.
LEGISLATIVE COUNSEL'S DIGEST
AB 248, Bonnie Lowenthal. Public resources: ballast water
management.
(1) The Marine Invasive Species Act generally applies to all
vessels carrying or capable of carrying ballast water into the
coastal waters of the state after operating outside of the coastal
waters of the state and to all ballast water and associated sediments
taken on a vessel. The act requires the master, owner, operator,
agent, or person in charge of a vessel that visits a California port
or place of call to maintain specified information and records
related to the vessel and ballast water management, and to make
available or provide the information to the State Lands Commission. A
person who, knowingly and with intent to deceive, falsifies a
ballast water control report form required by the act is guilty of a
misdemeanor.
This bill would require the master, owner, operator, agent, or
person in charge of a vessel carrying or capable of carrying ballast
water that has a ballast water treatment system installed on board
the vessel that is used to comply with the act to maintain on board
the vessel, in written or electronic form, specified records that
include material data safety sheets for certain chemicals, specified
technical guides, publications, and manuals, and specified ballast
water treatment system performance information. The bill also would
require the master, owner, operator, agent, or person in charge of
one of those vessels that has discharged ballast in waters of the
state to provide to the commission the manufacturer and product name
of the ballast water treatment system on board the vessel, the name
of the organization that has approved the system, if applicable, the
approval or certification number of the system technology, if
applicable, the number of tanks and the volume of each tank that is
managed using the system and that was discharged in waters of the
state, and any additional information required by the commission by
rule or regulation. The bill would require the master, owner,
operator, agent, or person in charge of the vessel to provide that
information on a form developed by the commission. Because a knowing
and intentionally deceitful falsification of a report form required
by the bill would be a crime, the bill would impose a state-mandated
local program. The bill also would require the master, owner,
operator, agent, or person in charge of a vessel subject to the act
to maintain records of any additional information required by the
commission by rule or regulation.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Division 36 (commencing with Section
71200) of the Public Resources Code is amended to read:
DIVISION 36. MARINE INVASIVE SPECIES ACT
SEC. 2. Section 71205 of the Public Resources Code is amended to
read:
71205. (a) (1) The master, owner, operator, agent, or person in
charge of a vessel carrying, or capable of carrying, ballast water,
that visits a California port or place, shall provide the information
described in subdivision (c) in electronic or written form to the
commission upon the vessel's departure from each port or place of
call in California.
(2) The information described in subdivision (c) shall be
submitted using a form developed by the United States Coast Guard.
(b) If the information submitted in accordance with this section
changes, an amended form shall be submitted to the commission upon
the vessel's departure from each port or place of call in California.
(c) (1) The master, owner, operator, or person in charge of the
vessel shall maintain on board the vessel, in written or electronic
form, records that include all of the following information:
(A) Vessel information, including all of the following:
(i) Name.
(ii) International Maritime Organization number or official number
if the International Maritime Organization number has not been
assigned.
(iii) Vessel type.
(iv) Owner or operator.
(v) Gross tonnage.
(vi) Call sign.
(vii) Port of registry.
(B) Voyage information, including the date and port of arrival,
vessel agent, last port and country of call, and next port and
country of call.
(C) Ballast water information, including the total ballast water
capacity, total volume of ballast water on board, total number of
ballast water tanks, capacity of each ballast water tank, and total
number of ballast water tanks in ballast, using measurements in
metric tons (MT) and cubic meters (m3).
(D) Ballast water management information, including all of the
following:
(i) The total number of ballast tanks or holds, the contents of
which are to be discharged into the waters of the state or to a
reception facility.
(ii) If an alternative ballast water management method is used,
the number of tanks that were managed using an alternative method, as
well as the type of method used.
(iii) Whether the vessel has a ballast water management plan and
International Maritime Organization guidelines on board, and whether
the ballast water management plan is used.
(iv) Whether the master, operator, or person in charge of the
vessel has claimed a safety exemption pursuant to paragraph (1) of
subdivision (b) of Section 71203 for the vessel voyage, and the
reason for asserting the applicability of that paragraph.
(E) Information on ballast water tanks, the contents of which are
to be discharged into the waters of the state or to a reception
facility, including all of the following:
(i) The origin of ballast water, including the date and location
of intake, volume, and temperature. If a tank has been exchanged, the
identity of the loading port of the ballast water that was
discharged during the exchange.
(ii) The date, location, volume, method, thoroughness measured by
percentage exchanged if exchange is conducted, and sea height at time
of exchange if exchange is conducted, of ballast water exchanged or
otherwise managed.
(iii) The expected date, location, volume, and salinity of ballast
water to be discharged into the waters of the state or a reception
facility.
(F) Discharge of sediment and, if sediment is to be discharged
within the state, the location of the facility where the disposal
will take place.
(G) Certification of accurate information, that shall include the
printed name, title, and signature of the master, owner, operator,
person in charge, or responsible officer attesting to the accuracy of
the information provided and certifying compliance with the
requirements of this division.
(H) Changes to previously submitted information.
(2) The master, owner, operator, or person in charge of a vessel
subject to this subdivision shall retain a signed copy of the
information described in this subdivision on board the vessel for two
years.
(d) The master, owner, operator, or person in charge of a vessel
subject to this division shall retain for two years a separate
ballast water log outlining ballast water management activities for
each ballast water tank on board the vessel and shall make the
separate ballast water log available to the commission for inspection
and review.
(e) (1) The master, owner, operator, agent, or person in charge of
a vessel subject to this division shall provide the information
described in subdivision (f) in electronic or written form to the
commission annually upon request of the commission. The master,
owner, operator, agent, or person in charge of the vessel shall
submit that information within 60 days of receiving a written or
electronic request from the commission. For purposes of this
paragraph, the reporting shall begin on January 1, 2008, and continue
until the date that the regulations described in Section 71204.6 are
adopted.
(2) (A) The information described in subdivision (f) shall be
submitted using a form developed by the commission.
(B) The master, owner, operator, or person in charge of a vessel
subject to this subdivision shall retain a copy of the form submitted
pursuant to this subdivision on board the vessel for two years.
(f) The master, owner, operator, agent, or person in charge of a
vessel subject to this division shall maintain, in written or
electronic form, records that include the following information:
(1) (A) Date and location of drydocking events.
(B) Whether the vessel in general, and the submerged portion of
the vessel, sea chests, anchors, and associated chains in particular,
were cleaned during a drydocking event.
(2) Date and geographic location of all inwater cleaning of the
submerged portion of the vessel.
(3) (A) Date and geographic location of all antifouling paint
applications to the vessel.
(B) The manufacturer and brand name of the antifouling paint
applied to the vessel.
(4) Any additional information required by the commission by rule
or regulation.
(g) (1) The master, owner, operator, agent, or person in charge of
a vessel subject to this division that has a ballast water treatment
system installed on board that is used to comply with this division
and has discharged ballast in waters of the state shall provide to
the commission based on a schedule to be developed by the commission,
by rule or regulation, in consultation with the advisory panel
established in Section 71204.9 and the United States Coast Guard, the
following information in electronic or written form:
(A) The manufacturer and product name of the ballast water
treatment system on board the vessel.
(B) If applicable, the name and organization that has approved the
ballast water treatment system and the approval or certification
number of the ballast water treatment system technology.
(C) The number of tanks and the volume of each tank that is
managed using the ballast water treatment system and that was
discharged in waters of the state.
(D) Any additional information required by the commission by rule
or regulation.
(2) The information required by paragraph (1) shall be provided on
a form developed by the commission.
(h) The master, owner, operator, agent, or person in charge of a
vessel subject to this division that has a ballast water treatment
system installed on board that is used to comply with this division
shall maintain on board the vessel, in written or electronic form,
records, including, but not limited to, all of the following
information:
(1) Copies of all reports and forms described in subdivision (g),
submitted to the commission.
(2) Material safety data sheets for all chemicals utilized in
conjunction with the ballast water treatment system.
(3) System manufacturer's technical guides, publications, and
manuals.
(4) Ballast water treatment system performance information, which
may be incorporated into the ballast log described in subdivision
(d), and includes, at a minimum, all of the following information:
(A) The date, time, and location of the starting and stopping of
the system for the purpose of treating ballast water.
(B) System malfunctions or unexpected situations, including
problem resolution.
(C) Both scheduled and unscheduled maintenance of the system.
(D) All relevant measures of performance recorded during system
operation.
(E) Any additional information required by the commission by rule
or regulation.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
